Virginia – Minimum Wage Laws



Minimum wage

Virginia’s current minimum wage is $9.50.

In further years, Virginia’s minimum wage will be the higher of the federal minimum wage or the follows:

  • January 1, 2022 – $11.00
  • January 1, 2023 – $12.00
  • January 1, 2025 – $13.50
  • January 1, 2026 – $15.00
  • January 1, 2027 – the adjusted hourly minimum wage set forth by the VA Dept. of Labor and Industry

Beginning January 1, 2027, Virginia will adjust the state minimum wage annually. The annual adjusted minimum wage will be based on the sum of:

  1. the amount of the state hourly minimum wage rate that is in effect on the date such adjustment is made and
  2. a percentage of the amount determined in part 1 that is equal to the percentage by which the United States Average Consumer Price Index for all items, all urban consumers (CPI-U), as published by the Bureau of Labor Statistics of the U.S. Department of Labor, or a successor index as calculated by the U.S. Department of Labor, has increased during the most recent calendar year for which such information is available.

The VA Dept. of Labor and Industry will announce the subsequent year’s adjusted minimum wage by October 1 each year. The annual adjusted minimum wage cannot be less than zero.

VA Statute 40.1-28.10


Tip minimum wage

Virginia minimum wage laws do not establish a tipped minimum wage and do not require employers to pay tipped employees a cash wage. Employers must, however, ensure that tipped employees receive enough tips so that they are paid the standard minimum wage for all hours worked. If tipped employees do not receive enough tips to be paid the standard minimum wage for all hours worked, the employer must pay employees the deficiency. VA Statute 40.1-28.9(B)


Tip pooling and sharing

Virginia minimum wage laws do not address whether an employer may require employees to participate in tip pooling or tip sharing arrangements.


Subminimum wage

Employees with disabilities

Virginia minimum wage laws do not allow employers to pay employees with disabilities a subminimum wage rate less than the standard minimum wage. VA Dept. of Labor and Industry – VA Minimum Wage FAQ


Trainees

Virginia minimum wage laws do not allow employers to pay trainees a subminimum wage rate that is less than the standard minimum wage. VA Dept. of Labor and Industry – VA Minimum Wage FAQ


Apprentices

Virginia minimum wage laws do not allow employers to pay apprentices a subminimum wage that is less than the standard minimum wage. VA Dept. of Labor and Industry – VA Minimum Wage FAQ


Learners

Virginia minimum wage laws do not allow employers to pay learners a subminimum wage that is less than the standard minimum wage. VA Dept. of Labor and Industry – VA Minimum Wage FAQ


Student learners

Virginia minimum wage laws do not allow employers to pay student learners a subminimum wage that is less than the standard minimum wage. VA Dept. of Labor and Industry – VA Minimum Wage FAQ


Student workers

Virginia minimum wage laws do not require employers to pay individuals wages for hours worked if the individual is less than 18 years of age and is currently enrolled on a full-time basis in any secondary school, institution of higher education, or trade school, provided that the person is not employed more than 20 hours per week. VA Statute 40.1-28.9

Also, Virginia minimum wage laws do not require employers to pay individuals wages for hours worked if the individual is currently enrolled on a full-time basis in any secondary school, institution of higher education, or trade school and is in a work-study program or its equivalent at the institution at which he is enrolled as a student. VA Statute 40.1-28.9

Other than discussed above, Virginia minimum wage laws do not allow employers to pay student workers a subminimum wage rate that is less than the standard minimum wage. VA Dept. of Labor and Industry – VA Minimum Wage FAQ


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